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NAVY | DRB | 1999_Navy | ND99-01034
Original file (ND99-01034.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-OSSA, USN
Docket No. ND99-01034

Applicant’s Request
The application for discharge review, received 990730, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000420. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I graduated at NTC/RTC boot camp (San Diego), Job Stran 2 NATTC (Millington, TN) and OS "A" school (Dam Neck, VA).

2. I no longer have mental disorder. Therefore, I am fit to serve.
3. I had served two years, and I am entitled to my G.I. Bill.4. I feel that I don't deserve the general discharge. I need another chance to serve my country.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None
PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     891213 - 900306  COG

 Period of Service Under Review :
Date of Enlistment: 900307               Date of Discharge: 920313

 Length of Service (years, months, days):

         Active: 02 00 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rate: OSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (2)    Behavior: 1.50 (2)                OTA: 2.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

910708:  Psychology/Lafayette: Diagnostic Impression: Axis I: R/O schizophreniform disorder vs schizophrenia. Axis II: R/O Schizotypal personality disorder. Recommendation: 1. Follow up psychological testing to evaluate diagnostic category and to help determine disposition. 2. Consult with psychiatry for medication eval....

910719:  Applicant discharged from Portsmouth Naval Hospital psychiatric. Discharge diagnoses: Axis I: Developmental disorder, NOS, Axis II: Personality disorder, NOS, with avoidant and schizotypal traits. The applicant is not considered mentally ill and returns to full duty. The psychiatrist recommended separation based on a personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.

910818:  Retention Warning: Advised of deficiency (A personality disorder manifested by inconsistent performance, aggressive and argumentative behavior, being distracted and failing to complete assigned work, and poor impulse control....), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920202:  Medical officer statement : Applicant diagnosed with Axis I: Developmental disorder NOS by history, Axis II: Personality disorder NOS with advoidant and schizotypal traits by history, Axis III: positive urine drug screen per patient, Axis IV: Mod stressors - (+) UDS, routine military, Axis V: 60/70.

920205:  Drug and Alcohol Abuse Report: Cocaine abuse, abuse denied, unit sweep SUB 920105, ashore off duty. Commanding officer recommended separate not via VA hospital. Comments: Members performance is below average. Member shows very poor potential for future service. Zero tolerance for drugs in Navy.

920212   Applicant’s NAVPERS 1070/609 documents NJP. No further information available.

 PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920313 under honorable conditions (general) for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

The applicant’s second issue is non decisional. The applicant was properly evaluated by a medical officer as having a personality disorder. Additionally, the general discharge was warranted as the applicant’s misconduct/drug use outweighed his otherwise creditable service.

The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

The applicant’s fourth issue is non decisional. Relief is not warranted.
Pertinent Regulation/Law (at time of discharge)
 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:
                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     

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